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MATTER OF NEU v. NEU

303 A.D.2d 509 (2003)

756 N.Y.S.2d 598

In the Matter of SUZANNE NEU, Appellant, v. ROBERT NEU, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 10, 2003.

Ordered that the order is affirmed, without costs or disbursements.

It is well established that a change in custody should be made only if the totality of the circumstances warrants a change in the best interests of the child (see Matter of Lopez v Lopez, 233 A.D.2d 398 [1996]). Moreover, since any custody determination depends to a very great extent upon the hearing court's assessment of the credibility of the witnesses...

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